Carrow v. Headley
Supreme Court of Pennsylvania
Appeal No. 65, July T., 1893, by terre tenant, Horatio N. Fitzgerald, from judgment of C. P. No. 3, Phila. Co., March T., 1885, No. 258, on verdict for plaintiffs, John S. Carrow et al. Scire facias sur mortgage.
Read the full summary
Appeal No. 65, July T., 1893, by terre tenant, Horatio N. Fitzgerald, from judgment of C. P. No. 3, Phila. Co., March T., 1885, No. 258, on verdict for plaintiffs, John S. Carrow et al. Scire facias sur mortgage. At the trial, before Finletter, P. J., it appeared that on March 6, 1886, Charles B. Headley, being the owner of land, made a mortgage thereon for $2,000, the interest payable to Rosa M. Headley during her life, and the principal payable after her decease to Charles B. Headley, Rachel Headley, and Anna S. Stackhouse. During Rosa M. Headley’s lifetime Charles B. Headley conveyed the…
1Opinion of the Court
Pee (Jukiam,
The only specification is that the court erred in instructing the jury to find a verdict for the plaintiffs for the full amount of their claim, including the attorney fee.
We find no error in this instruction. Equitable merger is largely of intent, actual or presumed, and when no intent is proven or apparent, this principle may not be deemed to attach in any given case, just as merger is or is not to the interest of the owner of the several and independent rights: Richards v. Ayres, 1 W. & S. 485. The doctrine of merger is well stated by Sir William Grant in Forbes v. Moffatt, 18…
2Cases cited1 opinion
- Richards v. AyresSupreme Court of Pennsylvania · 1841
3Cited by9 opinions
- Dick Et Ux., to Use v. McWilliamsSupreme Court of Pennsylvania · 1927
- Schwoyer v. SmithSupreme Court of Pennsylvania · 1957
- Hurst v. SpottsSupreme Court of Pennsylvania · 1928
- Fenton v. FentonSupreme Court of Pennsylvania · 1904
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911
4 more not listed; retrieve them via the Exa API.